REQUEST FOR PROPOSAL (RFP)

FOR

BROOKSIDE CARE CENTER

FOOD SERVICE OPERATION

RFP #2610

Issued by:

County of Kenosha Purchasing Division

Sealed proposals must be submitted No later than 1:00 PM 5/20/2026 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:

Brookside Care Center 3506 Washington Rd Kenosha, WI 53144

4/22/2026 at 9:00 AM, CT

For further information regarding this RFP contact:

Matthew Fleming

(262) 653-2527

Matt.Fleming@kenoshacountywi.gov

Issued: 4/10/2026

KENOSHA COUNTY RFP #2610

WISCONSIN PAGE 2 OF 32

TABLE OF CONTENTS

SECTION SUBJECT PAGE #

1. INTRODUCTION AND OBJECTIVES

2. DEFINITIONS

3. SCOPE OF WORK

4. PROPOSER QUALIFICATIONS

5. CALENDAR OF EVENTS

6. CONTRACT

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

8. VENDOR REGISTRATION

9. THIRD PARTY RFP SERVICES

10. QUESTIONS & ADDENDA

11. PRICES

12. RFP SUBMISSION

13. INSTRUCTIONS TO VENDORS & RESPONSE REQUIREMENTS

14. CONFIDENTIALITY/NON-DISCLOSURE

15. ERRORS OR OMISSIONS

16. VENDOR RESPONSIBILITY

17. EVALUATION & AWARD PROCESS

18. ASSIGNMENT AND SUBCONTRACTING

19. INVOICING REQUIREMENTS

20. CONFIDENTIALITY

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

EXHIBIT A – COUNTY OWNED EQUIPMENT

EXHIBIT B – SERVICE REQUIREMENTS AND RESPONSIBILITIES

COOK JOB DESCRIPTION

DIETARY SERVICE ASSISTANCE JOB DESCRIPTION

WISCONSIN PAGE 3 OF 32

1. INTRODUCTION AND OBJECTIVES

The County of Kenosha Wisconsin, through the Purchasing Division, is seeking proposals from qualified vendors to provide food service operation at the Brookside Care Center, 3506 Washington Road, Kenosha, WI 53144.

The Brookside Care Center community in Kenosha, WI consists of two facilities operated by Kenosha County: Brookside Care Center and Willowbrook Assisted Living.

The Brookside Care Center is a skilled nursing facility licensed by the State of Wisconsin and is named one of the top nursing homes in the nation by the U.S. and World News report. Brookside is proud of the rich reputation it has in the Kenosha community of providing excellent care to Kenosha County citizens in two distinct lines of service: short-term rehabilitation for those residents recuperating from short term illnesses and injuries, and long-term care for those residents who require support and care on a long-term basis. We accept Medicare, Medicaid, private pay and most insurances.

Adjacent to Brookside Care Center is Willowbrook Assisted Living. Willowbrook is a community-based residential facility (CBRF) licensed by the State of Wisconsin. It is a smaller community that provides support in a home-like environment for its residents. It opened in the summary of 2018 with the mission to continue Kenosha County’s history of delivering superb care of its citizens.

Active patients (Maximum is 178 active residents) 154 Brookside and 24 Willowbrook

Location: 2 physical locations within the same campus setting (Brookside community)

Address: 3506 Washington Rd, Kenosha, WI 53144

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 Facility means the Brookside Care Center and Willowbrook Assisted Living 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. SCOPE OF WORK

Awarded Contractor shall provide quality food service in accordance with Brookside Care Center’s high standards of care. The Contractor shall provide comprehensive dining service management for the

Facility and shall deliver full-service dietary operations including meal planning, food preparation, bistro services, and nutritional support for all residents. Services shall encompass all aspects of food service operations from procurement through service delivery, ensuring high-quality dining experiences that meet regulatory requirements and enhance resident quality of life.

The Contractor shall establish and maintain professional culinary operations led by experienced staff with demonstrated expertise in healthcare dining. Daily operations shall include preparation of all meals, snacks, and nourishments following standardized recipes and production methods that ensure

WISCONSIN PAGE 4 OF 32

consistency and quality. The culinary team shall utilize fresh ingredients and scratch-cooking techniques when feasible, incorporating seasonal menu variations and locally sourced products where appropriate.

Dining Service Facilities:

The County shall maintain control over the operation and structure of Brookside Care Center and the

Dining Service Facilities. The Dining Service Facilities consists of one main kitchen, 6 kitchenettes, and 10 dining rooms. The County shall make available to the Contractor suitable Dining Service Facilities, equipped and ready to operate, together with such heat, fuel, refrigeration, and utilities services as may be reasonably required for the efficient performance of the services. The Dining Service Facilities shall include adequate dressing rooms and rest rooms for Contractor’s employees and appropriate office space, office equipment and supplies including, but not limited to, a desk, chair, table, and filing cabinet, for the Contractor’s use in the performance of the duties. NOTE: there is one office space for exclusive use; however, the bathrooms serve all staff. The County shall have full access to the Dining Service

Facilities at all times. The Dining Service Facilities provided by the County shall be maintained by the

County to ensure compliance with applicable laws concerning building conditions, safety, and health

(including, without limitation, OSHA regulations). The County shall provide any modifications or alterations to the Dining Service Facilities or to the Facility overall (whether structural or non-structural) necessary to comply with any federal, state or local statute, regulation, ordinance or other applicable law.

Facility Repair and Maintenance:

The County shall furnish building maintenance services for the Dining Service Facilities and shall make necessary repairs and upgrades within reasonable timelines.

Food Service Equipment:

The County shall provide equipment outlined in Exhibit A and shall be responsible for repairs and/or replacement of the equipment provided. The Contractor shall use reasonable care in the use and daily maintenance all County owned equipment. The Contractor shall be responsible for any repairs or replacement of equipment due to negligence or misuse. The Contractor may request additional equipment for the County’s consideration in order to enhance the food service operation. The County shall be the sole judge in determining if additional equipment is required.

Service Wares, Tableware, and Small Expendable Equipment:

The County shall provide all required service ware, tableware, and small expendable equipment. In the event that there is not sufficient inventory as jointly agreed by the parties, the Contractor shall, with the agreement of County, purchase the service wares, tableware and small expendable equipment necessary and charge the County as a reimbursable cost.

Computer System, Equipment, and Telephone:

Contractor shall provide, install, maintain and operate computer hardware, software, and documentation necessary for the operation. The County shall provide all telephone, office supplies (i.e.

toner, pens, and paper), postage, utility and internet connections for use by the Contractor in connection with its management of the Dining Service at the Facility.

Cleaning Responsibilities:

The Contractor shall maintain high standards of sanitation that comply with industry standards and all

WISCONSIN PAGE 5 OF 32

applicable rules and regulations including, but not limited to, the State of Wisconsin HHS 132 Code and the Federal Rules of Participation. The Contractor shall be responsible for directing routine cleaning and housekeeping in the food preparation and service areas (including dining service equipment, kitchen floors, hoods and grease filters) and for the routine cleaning of dining room tables and chairs.

The County shall provide regularly scheduled heavy cleaning service for dining room tables, chairs, walls, windows, floors, light fixtures, draperies and blinds, and periodic waxing and buffing of floors. In addition, County will be responsible for routine cleaning of grease traps, duct work, plenum chambers and roof fans, as well as the annual certification of the fire suppression system. The maintenance and cleaning of all pantries (including refrigerators) located on resident floors shall be the responsibility of the County.

The County shall be responsible for trash dumpster services and pest extermination services.

Service Requirements and Responsibilities:

Service requirements and responsibilities are set forth in Exhibit B.

Service Standards:

Contractor shall provide all services in strict compliance with all applicable laws, codes, and regulations including, but not limited to, Kenosha County Health Department requirements, the State of Wisconsin

HHS 132 Code, CFR 483.60 Food and Nutrition Services, and the Federal Rules of Participation.

Quarterly Business Review:

Contractor shall meet with the County on no less than a quarterly basis to formally review operation of the dining service (“Quarterly Business Review”). The Quarterly Business Review will provide an overview of operations, including menu rotation and fresh food initiatives, catering, financial performance, and resident satisfaction, and will give the parties the opportunity to share ideas and to regularly assess and improve performance.

Contractor Personnel:

Contractor shall provide and pay for staff and supervisory employees required to complete the duties required for the services. Employees of the Contractor shall comply with the written rules and regulations of the County governing employee behavior while on premises.

Contractor shall assign to duty on the premises only employees reasonably acceptable to the County. If the County objects to any Contractor employee, it shall provide written notice of the name of such employee and its basis for such objection.

The County currently employees the following positions that will report to the Contractor to provide these services in cooperation with Contractor’s staff. The Contractor assumes supervisory responsibility for these County employees while the County assumes responsibility for pay and benefits. County staffed positions include:

QTY 1 Cook - .8 Full Time Equivalent (FTE)

QTY 3 Dietary Service Aides 1.0 Full Time Equivalent (FTE) each.

The Contractor shall utilize these County employees along with their staff to fulfil the contract and service requirements. These remaining County employed dietary positions shall be phased out through

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natural attrition. The Contractor shall hire replacement staff if a County employee leaves, and a contract amendment shall be negotiated in good faith to adjust the Contractor's compensation. The job descriptions for each County position are included in the RFP documents.

Training/In-Servicing:

To the extent applicable to the services being provided, the Contractor shall provide all orientation, food, dining service training and required yearly training by CMS 483.95 to all dining service personnel.

The County shall provide mandatory in-services to Contractor’s personnel on a routine basis.

Health Examinations:

Contractor shall cause all Contractor’s staff assigned to this contract to submit to a pre-employment examination at the Contractor’s expense, as required by law, and shall submit satisfactory evidence of compliance with all health regulations to the County before staff begin working at the Facility. Additional health examinations may be required by request of the County if evidence of illness or injury is apparent.

The Contractor and Contractor’s staff assigned to this contract shall comply with the Brookside’s

Infection Control Policy, as may be amended from time to time.

Required Meetings:

Contractor shall provide management/supervisor representation at the following regular meetings:

• Monday-Friday morning report 8:15-8:30am

• Monthly Resident Council and/or Food Committee 1x/monthly (1 hour)

• Board of Trustees 1x/monthly (1 hour)

• Nutrition at Risk 1x/monthly (1.5 hours)

Food and Supply Purchases:

Contractor shall purchase and pay for all food and supplies utilized for the contracted services. Such purchases shall be made exclusively for the benefit of the County and shall be used solely in the County’s dining service operation. All food and related supplies purchased shall be kept on the Facility premises and shall be the property of the County at all times. The County shall reimburse the Contractor for the actual costs of the food and supplies purchased for use as part of the contracted services. The

Contractor shall provide copies of itemized invoices as part of the reimbursement request.

Inventory of Food and Supplies:

The Contractor is responsible for maintaining proper inventory of food and supplies in order to carry out the contracted services. Inventory management shall streamline food and supply use to prevent waste and spoilage.

Menu Development and Planning:

Services shall include development of cyclical menus that provide variety while meeting all nutritional requirements for nursing home residents. The Contractor shall:

• Create minimum 28-day menu cycles with seasonal variations.

• Develop specialized menus for texture-modified diets including pureed, mechanical soft, and minced preparations.

• Provide therapeutic diet options for cardiac, diabetic, renal, and other medical conditions.

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• Incorporate resident preferences and cultural considerations into menu planning.

• Conduct monthly menu review committees with resident participation.

Food Safety Management:

Contractor shall implement comprehensive food safety programs. The contractor shall maintain:

• Temperature monitoring and documentation systems.

• Comprehensive sanitation programs.

• Allergen management protocols.

• Product recall procedures.

• Regular internal auditing processes.

Quality Expectations:

Contractor shall meet the following quality expectations:

• Provide a restaurant‑style dining experience with appealing presentation, attentive service, and a comfortable atmosphere.

• Ensure all meals are freshly prepared, flavorful, and aligned with resident preferences and cultural considerations.

• Offer visually appealing pureed foods molded or plated to resemble their original form to preserve dignity and enhance appetite.

• Maintain strict food safety, sanitation, and temperature control standards at all times.

• Deliver timely meal service with minimal wait times and consistent portion sizes.

• Support individualized nutrition plans, including therapeutic diets, texture modifications, and physician‑ordered restrictions.

• Provide resident‑centered menu options, including alternatives at every meal and seasonal or themed offerings.

• Ensure staff are trained in hospitality, customer service, and specialized dietary needs, including dysphagia and texture‑modified diets.

• Conduct regular quality checks, taste panels, and resident satisfaction surveys to drive continuous improvement.

• Maintain a clean, organized, and inviting dining environment throughout all meal periods.

Community Events and Enhancements:

Contractor shall provide the following services for community events and enhancements:

• Holiday celebrations such as Thanksgiving, Christmas, Easter, and annual picnic.

• Monthly themed dining events (e.g., Italian Night, Summer BBQ, Harvest Dinner).

• At least quarterly family engagement events, including brunches, picnics, open‑house meals.

• Cultural heritage celebrations recognizing diverse resident backgrounds.

• Yearly nursing home week festivities, including special menus and enhanced service.

• Seasonal events, such as ice cream socials, garden parties, or fall festivals.

• Monthly wellness‑focused events, including nutrition education sessions or tasting demonstrations.

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Bistro and Alternative Dining Services:

The Contractor shall operate and manage a bistro-style dining venue providing restaurant-quality experiences for residents, visitors, and staff. The Contractor shall work with the County to determine a pricing schedule for the Bistro and collect the fees associated with Bistro use. The Contractor shall credit the County the fee amounts collected.

These services shall include:

• A staffed bistro operated daily from 7 AM to 7 PM, supplemented by a contractor‑furnished, self‑service grab‑and‑go option that remains accessible beyond staffed hours.

• Specialty coffee and beverage programs.

• Social dining atmosphere with enhanced presentation and service.

• Catering capabilities for special events and family gatherings. The Contractor shall provide a quote for staffing costs and food costs to the requesting party and then bill the County for the actual additional hours needed for the catering event on a case-by-case basis.

4. PROPOSER QUALIFICATIONS

Qualified Dietitian / Nutrition Professional Requirements

• Must hold a bachelor’s or higher degree in nutrition/dietetics from an accredited institution.

• Must complete 900+ hours of supervised dietetics practice.

• Must be state‑licensed/certified or recognized as a registered dietitian.

• Experience in a long-term care setting

Director of Food & Nutrition Services Requirements (Required if dietitian is not full‑time)

• Must meet one of the following per CFR 483.60(a)(2):

o Certified Dietary Manager o Certified Food Service Manager o Similar national food‑service management certification o Associate’s degree or higher in food service management/hospitality with food‑service coursework.

o 2+ years of experience as a director in a nursing facility plus a food‑safety/management course by Oct. 1, 2023, that includes topics integral to managing dietary operations including, but not limited to, foodborne illness, sanitation procedures, and food purchasing/receiving.

• Must meet any applicable state standards for food service/dietary managers.

• Must receive regular consultations from a qualified dietitian.

• Experience in a long-term care setting

5. 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.

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Event Date

RFP Issued 4/10/2026

Pre-Proposal Conference 4/22/2026 @ 9:00 AM

Last Date for Questions 4/29/2026 @ 5:00 PM

Addendum Posted (estimated and if needed) 5/6/2026 @ 5:00 PM

Proposals Due 5/20/2026 @ 1:00 PM

Possible Vendor Presentations (estimated) 6/10/2026

Contract Award (estimated) 6/30/2026

Work Commences (estimated) 1/1/2027

6. CONTRACT

The contract for this project will consist of this Request for Proposals document and any associated exhibits, 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 service contract.

The term of the contract shall begin on 1/1/2027, or date of award, through 12/31/31. Any extension must be authorized by mutual agreement of the vendor and the County.

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

A vendor pre-proposal meeting will be held at 9:00 AM on 4/22/2026. Meet at the Brookside Care Center Lobby, 3506 Washington Rd, 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.

8. 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.

9. 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.

10. 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 4/29/2026.

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

WISCONSIN PAGE 10 OF 32

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.

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.

11. 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.

12. 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:

WISCONSIN PAGE 11 OF 32

13. INSTRUCTIONS TO VENDORS & RESPONSE REQUIREMENTS

13.1 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.

13.2 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.

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

13.4 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.

13.5 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 #2610 Brookside Care Center Food Service Operation Due Date: 5/20/2026 at 1:00 PM

Sample

Mailing

Label

WISCONSIN PAGE 12 OF 32

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 to Kenosha County.

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

D

Operational Plan

• Provide a detailed narrative of the services you are offering to Kenosha County. Discuss all aspects of the Scope of Work and objectives as defined in this document and provide your company’s solutions.

• Highlight any major features, functions or area of support that may differentiate your service offering from your competitors’ offerings.

• Discuss your company’s ability to be flexible to meet the service needs of the County.

• Describe your methods to provide high quality meals and ensure variety and satisfaction with the dining experience.

E

Staffing Plan

• Provide a staffing plan identifying the number and title of key and support staff and the hours required to meet the contract requirements.

• Describe your recruiting program to ensure that the Facility is fully staffed to meet the contract requirements.

• Provide a synopsis/resume of the key supervisory/management staff outlining their experience and credentials.

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F

Menu

• Provide sample 30 day menus for each season (Spring, Summer, Fall, Winter) including meal selections for breakfast, lunch and dinner. Also include always available options.

G

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.

H

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.

I

Vendor Forms

• Complete the Signature and Authority Affidavit Form and insert it into your proposal

• Complete the Ethics Compliance Notice & Addendum and insert it into your proposal

• Complete the Designation of Confidential and proprietary

Information Form and insert it into your proposal.

In a separate sealed envelope:

J

Cost Proposal

• Provide an original and one copy of the Cost Proposal in a separate sealed envelope within your proposal response packet.

14. 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”.

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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.

15. 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.

16. VENDOR RESPONSIBILITY

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

16.1 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.

16.2 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.

16.3 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.

16.4 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.

17. EVALUATION & AWARD PROCESS

17.1 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.

17.2 Right to reject proposals

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

17.3 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

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proposals. The evaluation committee's scoring will be tabulated and proposals ranked based on the numerical scores received.

17.4 Evaluation Criteria

The proposals will be scored using the following criteria:

EVALUATION CRITERIA

MAXIMUM

POINT

VALUES

Cost to the County 20

Company Profile 10

Operational Plan 30

Staffing Plan 20

Menu 20

TOTAL 100

17.5 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.

17.6 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.

17.7 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.

18. 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

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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 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.

19. 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. Vendor remit to address

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

c. Prices per the Contract

20. 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

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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.

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;

Commercial General Liability *

Each Occurrence $3,000,000

General Aggregate $5,000,000

Professional Liability $1,000,000

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

Workers Compensation Statutory Limits

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”

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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.

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.

21.5 BACKGROUND CHECKS

Excluded Providers. Prior to providing Services hereunder and at least monthly thereafter, Contractor shall review the U.S. Department of Health and Human Services Office of Inspector

General internet database for the List of Excluded Individuals/Entities (currently http://oig.hhs.gov/exclusions/index.asp) and Excluded Parties Listing System (currently https://www.sam.gov/portal/public/SAM/) and other appropriate sources to insure that Vendor and none of the officers, employees, contractors or agents of the Contractor (collectively, the

"Contractor Personnel") have been excluded from or sanctioned by Medicare, Medicaid or any other federal health care program and are not otherwise excluded form participation in the business and services conducted or provided by Facility or Contractor. Contractor shall notify

Facility in writing within three (3) days of becoming aware that it and/or any Contractor Personnel has been excluded from or sanctioned by Medicare, Medicaid or any federal health program, or that any such exclusion or sanction has been threatened or is pending. Contractor shall retain documentation of its monthly exclusion checks and shall provide such documentation to Facility

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within three (3) days of Facility's request for such documentation.

Contractor understands and agrees that all employees and sub-contractors who service equipment or perform work in the County’s facility under this Agreement will be required to submit to a criminal records background check and Background Information Disclosure before allowed access to the facility. Contractor is required to perform the required background checks at the Contractor’s expense and maintain records of the checks to submit to the County and state inspectors upon request. Contractor shall notify the County in writing within three (3) days of becoming aware that any Contractor’s personnel has been charged with or convicted of any crime.

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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:…