2607 RFP Documents.pdf

REQUEST FOR PROPOSAL (RFP)

FOR

PETRIFYING SPRINGS PARK BEER

GARDEN CONCESSIONS OPERATION

RFP #2607

Issued by:

County of Kenosha Purchasing Division

Sealed proposals must be submitted No later than 3:00 PM 4/14/2026 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:

Petrifying Springs Park 5555 7th Street

Kenosha, WI 53144

3/10/2024 @ 10:00 AM

For further information regarding this

RFP contact:

Matthew Fleming

(262) 653-2527 Matt.Fleming@kenoshacountywi.gov

Issued: 2/24/2026

KENOSHA COUNTY RFP #2607

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TABLE OF CONTENTS

SECTION SUBJECT PAGE #

1. INTRODUCTION AND OBJECTIVES

2. DEFINITIONS

3. GENERAL OVERVIEW

4. EXPECTATIONS/SCOPE/REQUIREMENTS

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. 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 – DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

ATTACHMENT F – STANDARD TERMS AND CONDITIONS

EXHIBITS:

Footprint Use Map Storage Building Use Map Petrifying Springs Beer Garden Contract Draft

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1. INTRODUCTION AND OBJECTIVES

Kenosha County is accepting proposals from qualified vendors to provide beer garden concessions at Petrifying Springs Park, 5555 7th Street, Kenosha, WI 53144. The objective for Kenosha County is to select a qualified food and beverage vendor to fully manage all aspects of a beer garden to promote a family friendly guest experience within Petrifying Springs Park.

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 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)

3. GENERAL OVERVIEW

Petrifying Springs Park is a publicly owned park operated through Kenosha County, Division of Parks, adjacent to the University of Wisconsin-Parkside. Kenosha County manages eight regional parks including 1,500 acres of parkland, 16 miles of paved multiuse trails, two beaches, and numerous recreational amenities. Petrifying Springs Park is located within the Village of Somers and offers several recreational and site amenities rentable pavilions, hiking and mountain biking trails, three playgrounds, dog park, baseball field, and parking lots (refer to park map). The park is free to the public and open year-round from 7:00 am to 10:00 pm.

Petrifying Springs Park is in an optimal geographic location to attract patrons from both Kenosha County and regional tourists due to the unique, rustic setting, and historical value to the county. The proposed site has the building blocks to create a successful Public Private Partnership due to the established park amenities.

The proposed site has hosted a functional beer garden operation for 10 seasons and is structurally prepared to host a similar operation. The adjacent green space is optimal hosting large scale events, Supplemental Information & documents:

• Park Map: https://www.kenoshacountywi.gov/DocumentCenter/View/23863/Trail-Map-

Petrifying-Springs-UW-Parkside

• Footprint Use Map: Attached

• Storage Building Use Map: Attached

• Petrifying Springs Beer Garden Contract Draft: Attached

Included furnishings:

• Wi-Fi for Vendor POS system use and free Wi-Fi for public

• Electric Service https://www.kenoshacountywi.gov/DocumentCenter/View/23863/Trail-Map-Petrifying-Springs-UW-Parkside https://www.kenoshacountywi.gov/DocumentCenter/View/23863/Trail-Map-Petrifying-Springs-UW-Parkside

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4. EXPECTATIONS/SCOPE/REQUIREMENTS

Expectations: Kenosha County seeks to partner with an experienced and responsible operator to provide a high-quality, family-friendly biergarten experience that enhances the use of the park and aligns with

County values. The proposed Vendor would lease a section of Petrifying Springs Park to fully manage and operate a seasonal public beer garden style of concessions within the park. The proposed beer garden would offer beer, wine, non-alcoholic beverages, and food to park visitors. The proposed beer garden would follow the terms and conditions as shown in the attached Petrifying Springs Beer Garden

Contract Draft.

It is the expectation that the proposed Vendor will need to make modifications, upgrades, and improvements to the beer garden structure as well as premises in order to meet local codes, ordinances, operations, and overall guest experiences. These improvements shall be at the sole expense of the proposed Vendor unless terms are specifically negotiated and documented within the final contract. The proposed Vendor shall list all improvements that will be made to the site and define the value of any improvements that will become the ownership of Kenosha County. The upfront expenses made by the

Vendor to improve the site shall be considered during the negotiated terms of the gross shared revenue with Kenosha County.

Scope: Kenosha County is seeking a beer garden Vendor that has similar experience in the food and beverage industry that understands the importance of working within a public park and building relationships with governmental stakeholders.

The proposed Vendor shall submit a proposed site plan and concept plan that provides an illustration of the layout of the beer garden with proposed equipment and furniture. The plans shall outline the financial investment estimates for any upgrades to the site. The site plan and concept plan shall also outline the proposed ownership of each investment (Vendor or County).

Kenosha County will retain ownership of the proposed premises and will grant authorization through the

County Board to obtain a lease agreement to a mutually agreed upon premises of the park. Final approval of the lease agreement will occur through the Kenosha County Board and Kenosha County

Executive.

The Vendor’s proposed site plan will be evaluated and negotiated with the County to limit negative impacts to park visitors. The proposed site plan shall identify the beer garden, kitchen, and restrooms as managed and operated by Kenosha County (shown on Use Map). The proposed Vendor shall allow the public to use the restrooms no matter if they are a guest of the beer garden or a park visitor. Kenosha

County will retain the exclusive right to the storage facility for operational purposes.

Kenosha County anticipates to retain the right to program the adjacent green space, this space will not be incorporated within the leased premises. Kenosha County will work jointly with proposed Vendor to offer additional programs and uses by the Vendor to further enhance community events with the utilization of the green space. Requests to use the green space or baseball diamond or expand the utilization of the park beyond the lease agreement premises for special events shall be done using a park use agreement request and approved through the Director of Parks.

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The proposed Vendor shall show staff qualifications that will be present as the main operators on site.

The proposed Vendor shall also give a detailed business plan that identifies the level of services, vision of the park’s daily activities, themes, menu, proposed special events, and overall explanation and conceptual rendering of the site and explanation of the guest experience.

Requirements/Provisions: See attached Petrifying Springs Park Contract Draft for all terms that will be considered within the Agreement including the percentage of revenue that shall be paid to the County.

The successful proposer shall be expected to operate the Biergarten in a manner that complements the mission and values of Kenosha County Parks, preserves the integrity of the park setting, and provides a safe, high-quality experience for all visitors. Operations must reflect the County’s commitment to public service, community engagement, environmental stewardship, and fiscal responsibility.

The following expectations outline the minimum performance, operational, and coordination standards that the selected operator will be required to meet throughout the duration of the agreement. These expectations are intended to ensure that the Biergarten enhances the overall park experience, supports

County programming, and remains a positive community asset.

1. General Operations

a. Operate a clean, safe, and welcoming Biergarten consistent with public park values.

b. Maintain all required licenses and permits, including alcohol, food, and health certifications.

c. Ensure all employees are properly trained and hold current Responsible Beverage Server certification.

d. Provide consistent hours of operation as approved by the County, including weekends and holidays during the operating season.

e. Provide traffic control when needed to ensure visitors are in accordance with the Parks parking requirements.

f. Adhere to all County, State of Wisconsin, and local ordinances applicable to alcohol service, public safety, and health.

2. Customer Experience

a. Create a positive, family-friendly atmosphere suitable for park visitors of all ages.

b. Provide a variety of food and beverage options at reasonable prices, with an emphasis on quality and locally sourced products when feasible.

c. Offer courteous, professional service at all times.

d. Maintain a visible on-site manager during operating hours.

e. Provide an inviting aesthetic that complements the park setting (e.g., décor, lighting, landscaping, furniture).

f. Vendor may provide games, activities and other entertainment within proposed premises to encourage fun family friendly environment.

3. Alcohol Management

a. Strictly follow all laws related to alcohol sale and service.

b. Serve alcohol only within the designated and approved licensed premises area.

c. Ensure that all alcohol consumption remains within that area and that minors are not served.

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d. Provide security or crowd management personnel during large events or peak hours as required by the County.

4. Maintenance and Cleanliness

a. Keep the Biergarten, adjacent grounds, and customer seating areas in a clean and litter-free condition at all times.

b. Ensure the restrooms and clean and stocked during the hours of operation. County will be responsible to clean bathrooms daily in the morning.

c. Provide sufficient waste and recycling receptacles and coordinate with County staff for disposal as needed.

d. Promptly report any property damage, vandalism, or safety hazards to the County.

e. Perform daily post-operation cleanup and ensure all trash is removed prior to park closing.

f. Maintain all operator-provided structures, furnishings, and equipment in good repair.

5. Traffic Control and Parking Management

a. Coordinate with Kenosha County Parks staff regarding traffic flow, parking use, and pedestrian safety during all operational hours.

b. Develop and implement a Traffic and Parking Management Plan for review and approval by the County, identifying:

• Expected vehicle volumes and parking demand;

• Parking areas designated for Biergarten patrons, staff, and event attendees;

• Safe pedestrian access routes between parking areas and the Biergarten;

• Procedures for managing overflow parking during special events; and

• Provisions for maintaining emergency vehicle access at all times.

c. Provide signage or temporary cones/barriers when necessary to direct traffic safely and efficiently during peak times.

d. Employ staff, attendants, or volunteers to assist with traffic direction or parking control during large gatherings or concerts.

e. Ensure compliance with all County and Sheriff’s Department directives related to park access and public safety.

6. Facilities and Improvements

a. Obtain written County approval prior to making any alterations, additions, or installations.

b. Ensure all work complies with applicable building codes, accessibility standards, and park design guidelines.

c. Clearly identify which improvements are permanent (to remain property of the County) versus temporary (to be removed at end of contract).

7. Community and Event Engagement

a. Coordinate with the County on community programming, concerts, or special events.

b. Participate in park promotion efforts and work collaboratively to attract residents and visitors.

c. Consider offering live music, local food partnerships, or seasonal events that enhance community engagement and park use.

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d. Proposed vendor shall provide all advertising and signage for the operation of the beer garden. All proposed signage on site must be approved by the director of parks

8. Financial and Reporting Responsibilities

a. Maintain accurate accounting of all revenues and expenses related to the Biergarten operation.

b. Submit required financial statements, reports, and rent/revenue share payments as defined in the final agreement.

c. Comply with all audit provisions as requested by the County.

d. Carry and maintain insurance coverage meeting County requirements.

9. Coordination with County Staff

a. Coordinate operations with the County Parks Division to ensure alignment with park programming, maintenance schedules, and public use.

b. Allow County access to inspect premises and ensure compliance with contract terms.

c. Respond promptly to County inquiries, maintenance issues, or public complaints.

10. Sustainability and Environmental Responsibility

a. Use environmentally friendly practices where possible, including recycling, composting, and minimizing single-use plastics.

b. Protect existing vegetation and natural resources during operations and improvements.

c. Avoid discharge of pollutants, grease, or debris into stormwater or natural areas.

11. Public Relations and Branding

a. Use the official name of the park and Biergarten as approved by Kenosha County in marketing materials.

b. Coordinate with the County regarding use of County logos, signage, and branding.

c. Promote a positive image of Kenosha County Parks through community-minded operations and customer experience.

12. Performance Review

a. County staff will periodically evaluate operator’s performance based on cleanliness, customer satisfaction, community engagement, and adherence to County policies.

b. Repeated or material violations may result in corrective action or termination of the contract.

5. PROPOSER QUALIFICATIONS

Vendor shall show proof of previous concession, food and beverage, restaurant, food truck, or related experience to Kenosha County. Vendor shall have a minimum of three years’ experience in the food and beverage industry.

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 2/24/2026

Pre-Proposal Conference 3/10/2024 @ 10:00 AM

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Last Date for Questions 3/17/2026 @ 5:00 PM

Addendum Posted (estimated and if needed) 3/24/2026 @ 5:00 PM

Proposals Due 4/14/2026 @ 3:00 PM

Possible Vendor Presentations (estimated) 5/12/2026

Contract Award (estimated) 7/14/2026

Operations Begin 1/1/2027

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.

The Contract Period shall be for five years with an option to renew for an additional five years pending mutual agreement of the parties.

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

A vendor pre-proposal meeting will be held at 10:00 AM at the beer garden location within Petrifying Springs Park, 5555 7th Street, Kenosha, WI 53144. 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 3/17/2026.

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.

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

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Any correspondence or questions submitted must include the RFP number.

Submit questions in writing via email to:

Matthew Fleming, Purchasing Director, e-mail: matt.fleming@kenoshacountywi.gov

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 Improvements Cost Proposal form.

13. RFP SUBMISSION

In a sealed container, Proposers must submit one original master copy (so marked) and four (4) 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 #2607 Petrifying Springs Beer Garden Concessions Operation Due Date: 4/14/2026 at 3:00 PM

Sample

Mailing

Label

WISCONSIN PAGE 11 OF 31

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.

• Describe your experience operating food, beverage or entertainment establishments particularly outdoor venues or biergartens.

• Describe your business philosophy and commitment to customer experience and community engagement.

• Address the company's expertise and qualifications to provide this service to Kenosha County.

• Discuss your company's size, ownership structure and number of employees.

• Identify any relevant licenses or permits currently held (e.g.

alcohol, food service)

D

Staff Qualifications / Key Personnel

• Identify key staff your organization/company will assign to fulfill the contract requirements. Detail the role and services that each key staff member will provide. Especially who will manage daily operations.

• Provide a synopsis describing the educational and work experience for each of the key staff who would be assigned to the contract. Describe their roles, qualifications and experience related to food and beverage operations, hospitality and responsible alcohol service.

• Detail the number of hours for each key staff member that you estimate will be needed to fulfill the contract requirements.

• Include current or planned certifications (e.g. Wisconsin Responsible Beverage Server)

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E

Business / Operational Plan

• Provide a detailed narrative of the services you are offering to Kenosha County. Include any value-added services other than food sales that you would provide.

• Provide your proposed hours of operation.

• Describe your proposed concept, atmosphere, and operations plan for the Biergarten.

• Outline your proposed hours and months of operation.

• Describe how you will manage staffing, security, traffic control and responsible service of alcohol.

• Identify any community events, live music, or partnerships you propose to host or sponsor.

• Include your marketing approach to attract visitors and promote the park and Biergarten.

F

Improvements

• Provide your proposed building and concession improvements including equipment that you will provide.

• Describe any proposed facility (including equipment), landscaping or equipment improvements. (specifically identify those that will become the property of Kenosha County at the end of the contract).

• Include conceptual renderings, layouts, or site maps illustrating the use of space and amenities (e.g. seating, shade, lighting, stage, etc.)

G

Menu

• Provide a proposed beverage and food menu with pricing.

• Identify proposed sources for local or craft beverages, food trucks, or catering partners, if applicable.

• Include options that promote local products.

H

Financial Proposal and Revenue Share

• Describe your proposed financial structure (e.g. rent, revenue share, or percentage of gross sales)

• Include a projected 3-year operating budget with estimated revenues and expenses

• Outline anticipated investment costs and funding sources.

I

Exceptions

• Provide a detailed narrative of any exceptions you take to the Expectations, Scope, Terms and Conditions of this RFP and/or draft contract terms.

• If no exceptions are taken, include a statement confirming full compliance.

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J

Reference Accounts

• On the form provided in this packet, list three (3) references from venues, municipalities, or landlords where you have operated similar concessions or events. 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. Include contact names, phone numbers and email addresses. Kenosha County will not attempt to search for current information that is not provided.

K

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:

Improvements Cost Proposal

• Complete the Improvements Cost Proposal Form and provide an original and one copy in a separate sealed envelope.

• Provide a detailed cost breakdown for proposed improvements, permanent fixtures or capital investments and equipment that you propose to provide as outlined in Section F Improvements.

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

Improvements Cost Proposal 10

Company Profile 10

Staff Qualifications / Key Personnel 15

Business / Operational Plan 20

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Improvements 15

Menu 10

Financial Proposal and Revenue Share 20

TOTAL 100

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

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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 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. SPECIAL CONDITIONS OF THIS PROPOSAL

21.1 Indemnity and Insurance Requirements

A proposal response may be rejected if a vendor 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;

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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

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. 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.

21.1.4. 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.

21.1.5. 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.

21.2 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.

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21.3 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.

21.4 EQUIPMENT AND/OR MATERIALS ON SITE

The successful Contractor or an authorized representative must be present to accept delivery at the job site of all equipment and material shipments that are part of the contract. It shall be the contractor’s responsibility to assume all liability for any equipment or materials delivered to the job site. Delivery of any equipment or materials any day ‘before’ work will proceed must be coordinated with the County. The Contractor is responsible for the security and safety of equipment or materials onsite.

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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

Improvements Cost Proposal

Proposer Name: ___________________________________________________________________________

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

Provide the cost of the proposed improvements that you outlined in Section F Improvements.

Attached a separate sheet with itemized detail on the cost of each improvement and identify which improvements will be County Owned at the end of the contract period.

(10 Points)

Purchasing will score the proposals by prorating, with the highest cost proposal given the highest score and lower proposals given a percentage of the total score based on the difference.

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…